tool box damaged from relocation

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tool box damaged from relocation

I was forced to relocate from Norman Oklahoma to Edmond Oklahoma, at this time two of my tool boxes were severely damaged. both my employer and tow company stated I was responsible. the strap holding boxes down came loose and went under the wheel of tow truck causing the strap to crush my boxes. at first my employer stated they would do something. now they say I was responsible for the load. this was 6 months ago. I have just resigned from employment to move back to Enid to help with care of my mother. this is when they stated they were not responsible

Asked on October 27, 2017 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your employer would only be responsible if they caused the boxes to fall under the wheels of the truck--that is, if the employer strapped the boxes down but did so negligently (carelessly) or othewise inadequately. Liability (financial responsibility) depends on fault: if the employer was not at fault in causing the damage, they are not liable. The same thing goes to the tow truck: they would only be liable if they caused the boxes to fall. Neither party was resonsible based on what you write, and you appear lucky that they agreed to give you anything at all. Furthermore, if you agreed to take $1,000, that resolves the case: you cannot agree to accept $1,000 for your loss then ask for more.


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